VA HB5058 | 2020 | 1st Special Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Democrat 33-0)
Status: Passed on November 9 2020 - 100% progression
Action: 2020-11-09 - Governor: Acts of Assembly Chapter text (CHAP0045)
Text: Latest bill text (Chaptered) [HTML]
Spectrum: Partisan Bill (Democrat 33-0)
Status: Passed on November 9 2020 - 100% progression
Action: 2020-11-09 - Governor: Acts of Assembly Chapter text (CHAP0045)
Text: Latest bill text (Chaptered) [HTML]
Summary
Issuing citations; possession of marijuana and certain traffic offenses. Provides that no law-enforcement officer may lawfully stop a motor vehicle for operating (i) without a light illuminating a license plate, (ii) with defective and unsafe equipment, (iii) without brake lights or a high mount stop light, (iv) without an exhaust system that prevents excessive or unusual levels of noise, (v) with certain sun-shading materials and tinting films, and (vi) with certain objects suspended in the vehicle. No evidence discovered or obtained as a result of such unlawful stop shall be admissible in any trial, hearing, or other proceeding. The bill also provides that no law-enforcement officer may lawfully stop, search, or seize any person, place, or thing solely on the basis of the odor of marijuana, and no evidence discovered or obtained as a result of such unlawful search or seizure shall be admissible in any trial, hearing, or other proceeding. The bill prohibits the enactment of a local ordinance establishing a primary offense when the corresponding provision in the Code of Virginia is a secondary offense. The bill prohibits any local ordinance relating to the ownership or maintenance of a motor vehicle from being cause to stop or arrest a driver of a motor vehicle unless such violation is a jailable offense. The bill prohibits a law-enforcement officer from stopping a pedestrian for jaywalking or entering a highway where the pedestrian cannot be seen. The bill provides that law-enforcement officers are not permitted to stop a motor vehicle for an expired safety inspection or registration sticker until the first day of the fourth month after the original expiration date. The bill also provides that no evidence discovered or obtained due to an impermissible stop, including evidence obtained with the person's consent, is admissible in any trial, hearing, or other proceeding.
Title
Marijuana and certain traffic offenses; issuing citations, etc,
Sponsors
Roll Calls
2020-11-09 - House - House: VOTE: Adoption (54-Y 44-N) (Y: 54 N: 44 NV: 1 Abs: 0) [PASS]
2020-11-09 - Senate - Senate: Senate concurred in Governor's recommendation #3 (21-Y 18-N) (Y: 21 N: 18 NV: 1 Abs: 0) [PASS]
2020-11-09 - Senate - Senate: Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N) (Y: 38 N: 1 NV: 1 Abs: 0) [PASS]
2020-10-02 - House - House: VOTE: Adoption (53-Y 41-N) (Y: 53 N: 41 NV: 5 Abs: 0) [PASS]
2020-10-01 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 1 Abs: 0) [FAIL]
2020-09-25 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-09-24 - Senate - Senate: Reported from Finance and Appropriations (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Reported from Judiciary with substitute (8-Y 1-N) (Y: 8 N: 1 NV: 0 Abs: 0) [PASS]
2020-09-04 - House - House: VOTE: Passage (54-Y 44-N) (Y: 54 N: 44 NV: 1 Abs: 0) [PASS]
2020-08-26 - House - House: Reported from Courts of Justice (13-Y 7-N) (Y: 13 N: 7 NV: 1 Abs: 0) [PASS]
2020-11-09 - Senate - Senate: Senate concurred in Governor's recommendation #3 (21-Y 18-N) (Y: 21 N: 18 NV: 1 Abs: 0) [PASS]
2020-11-09 - Senate - Senate: Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N) (Y: 38 N: 1 NV: 1 Abs: 0) [PASS]
2020-10-02 - House - House: VOTE: Adoption (53-Y 41-N) (Y: 53 N: 41 NV: 5 Abs: 0) [PASS]
2020-10-01 - Senate - Senate: Passed Senate with substitute (20-Y 19-N) (Y: 20 N: 19 NV: 1 Abs: 0) [FAIL]
2020-09-25 - Senate - Senate: Constitutional reading dispensed (36-Y 0-N) (Y: 36 N: 0 NV: 4 Abs: 0) [PASS]
2020-09-24 - Senate - Senate: Reported from Finance and Appropriations (11-Y 5-N) (Y: 11 N: 5 NV: 0 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Reported from Judiciary with substitute (8-Y 1-N) (Y: 8 N: 1 NV: 0 Abs: 0) [PASS]
2020-09-04 - House - House: VOTE: Passage (54-Y 44-N) (Y: 54 N: 44 NV: 1 Abs: 0) [PASS]
2020-08-26 - House - House: Reported from Courts of Justice (13-Y 7-N) (Y: 13 N: 7 NV: 1 Abs: 0) [PASS]
History
Date | Chamber | Action |
---|---|---|
2020-11-09 | Governor: Acts of Assembly Chapter text (CHAP0045) | |
2020-11-09 | House | Enacted, Chapter 45 (effective 3/1/21) |
2020-11-09 | Senate | Signed by President as reenrolled |
2020-11-09 | House | Signed by Speaker as reenrolled |
2020-11-09 | House | Reenrolled |
2020-11-09 | House | Reenrolled bill text (HB5058ER2) |
2020-11-09 | Governor: Governor's recommendation adopted | |
2020-11-09 | Senate | Senate concurred in Governor's recommendation #3 (21-Y 18-N) |
2020-11-09 | Senate | Senate concurred in Governor's recommendation #1 and #2 (38-Y 1-N) |
2020-11-09 | House | VOTE: Adoption (54-Y 44-N) |
2020-11-09 | House | House concurred in Governor's recommendation (54-Y 44-N) |
2020-10-21 | House | Governor's recommendation received by House |
2020-10-14 | Governor: Governor's Action Deadline 11:59 p.m., October 21, 2020 | |
2020-10-14 | House | Enrolled Bill communicated to Governor on October 14, 2020 |
2020-10-07 | Senate | Signed by President |
2020-10-07 | House | Signed by Speaker |
2020-10-07 | House | Bill text as passed House and Senate (HB5058ER) |
2020-10-07 | House | Enrolled |
2020-10-02 | House | VOTE: Adoption (53-Y 41-N) |
2020-10-02 | House | Senate substitute agreed to by House 20201175D-S1 (53-Y 41-N) |
2020-10-02 | House | Placed on Calendar |
2020-10-01 | Senate | Passed Senate with substitute (20-Y 19-N) |
2020-10-01 | Senate | Engrossed by Senate - committee substitute HB5058S1 |
2020-10-01 | Senate | Committee substitute agreed to |
2020-10-01 | Senate | Reading of substitute waived |
2020-10-01 | Senate | Read third time |
2020-10-01 | Senate | Passed by temporarily |
2020-09-25 | Senate | Constitutional reading dispensed (36-Y 0-N) |
2020-09-24 | Senate | Reported from Finance and Appropriations (11-Y 5-N) |
2020-09-16 | Senate | Rereferred to Finance and Appropriations |
2020-09-16 | Senate | Committee substitute printed 20201175D-S1 |
2020-09-16 | Senate | Reported from Judiciary with substitute (8-Y 1-N) |
2020-09-09 | Senate | Referred to Committee on the Judiciary |
2020-09-09 | Senate | Constitutional reading dispensed |
2020-09-04 | House | VOTE: Passage (54-Y 44-N) |
2020-09-04 | House | Read third time and passed House (54-Y 44-N) |
2020-09-03 | House | Printed as engrossed 20200751D-E |
2020-09-03 | House | Engrossed by House as amended HB5058E |
2020-09-03 | House | Amendments by Delegate Hope agreed to |
2020-09-03 | House | Read second time |
2020-08-28 | House | Read first time |
2020-08-26 | House | Reported from Courts of Justice (13-Y 7-N) |
2020-08-18 | House | Referred to Committee for Courts of Justice |
2020-08-18 | House | Prefiled and ordered printed; offered 08/18/20 20200751D |
Same As/Similar To
SB5029 (Same As) 2020-11-09 - Governor: Acts of Assembly Chapter text (CHAP0051)
Code Citations
Chapter | Article | Section | Citation Type | Statute Text |
---|---|---|---|---|
15 | 2 | 919 | (n/a) | See Bill Text |
18 | 2 | 250.1 | (n/a) | See Bill Text |
46 | 2 | 1003 | (n/a) | See Bill Text |
46 | 2 | 1013 | (n/a) | See Bill Text |
46 | 2 | 1014 | (n/a) | See Bill Text |
46 | 2 | 1014.1 | (n/a) | See Bill Text |
46 | 2 | 1030 | (n/a) | See Bill Text |
46 | 2 | 1049 | (n/a) | See Bill Text |
46 | 2 | 1052 | (n/a) | See Bill Text |
46 | 2 | 1054 | (n/a) | See Bill Text |
46 | 2 | 1094 | (n/a) | See Bill Text |
46 | 2 | 1157 | (n/a) | See Bill Text |
46 | 2 | 1300 | (n/a) | See Bill Text |
46 | 2 | 334.01 | (n/a) | See Bill Text |
46 | 2 | 335 | (n/a) | See Bill Text |
46 | 2 | 646 | (n/a) | See Bill Text |
46 | 2 | 810.1 | (n/a) | See Bill Text |
46 | 2 | 923 | (n/a) | See Bill Text |
46 | 2 | 926 | (n/a) | See Bill Text |